LAWS(J&K)-2008-5-34

BASHIR AHMED KHAN Vs. STATE OF J&K

Decided On May 31, 2008
BASHIR AHMED KHAN Appellant
V/S
STATE OF JANDK Respondents

JUDGEMENT

(1.) PETITIONER Bashir Ahmed Khan is working as Assistant Director, Stores Consumer Affairs and Public Distribution Department (for short the CAPD). Vide Government Order No.108 -CA & PD of 2006, he was transferred and posted as Assistant Director, CAPD Stores, Srinagar. By means of Order No. 133 DCAPDK of 2007 dated 28.11.2007 Joint Director (Adm.) CAPD, Srinagar has placed the petitioner under suspension and directed his attachment with the direction office.

(2.) PETITIONER is aggrieved of the order of suspension and has through the medium of the present petition challenged it on the various grounds inter alia that he being a gazetted officer, Joint Director (Adm.) had no powers to place him under suspension. He has prayed for quashment of order impugned no: 133 DCAPDK of 2007 dated 28.11.2007 issued by the Joint Director Administration.

(3.) RESPONDENTS have, in their reply, given the factual background of the case and have stated that as per the rules, the official can be placed under suspension if an enquiry into the conduct of such Govt. servant is contemplated or is pending. The order of suspension, according to the respondents, has been passed in accordance with Rule 31 Jammu and Kashmir Civil Service (Classification, Control and Appeal) Rules, 1956 (for short the Rules) as such the petitioner has got no ground to challenge the suspension order.